Stories about Indian Supreme Court

Will the people of Kashmir accept India’s version of ‘normal’?

The word ‘normalcy’ is the most used and abused term in India today. Never before has this nation been so obsessed with these three syllables. Forty five days after the revocation of Article 370, Indian-occupied Kashmir (IoK) still remains paralysed, the majority of political leaders are in detention, civil society activists are under scrutiny, and the media has been asked to become the handmaid of the government. Under this backdrop last week, while hearing petitions filed with regards to the situation in Kashmir, the Indian Supreme Court asked the state to “restore normalcy” in the region as soon as possible. ...

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It’s easy to pass a law that lets young girls report marital rape, but how exactly will this be implemented?

Child marriage is technically a punishable offence in India. If a male over the age of 18 is found guilty of marrying a child then the accused shall be punished under the Prohibition of Child Marriage Act of 2006. The punishment, which is also applicable to parents and guardians of the child, is either rigorous imprisonment of two years, or fines which may extend to Rs1 lakh, or even both in certain cases. Despite the law, cases where girls as young as 15 or 16, of both Hindu and Muslim faith, are forced to marry continue to peak. The most inhumane ...

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Arresting 12 people for not standing for the national anthem is very alarming, India

“Man is born free, and everywhere he is in chain” This famous line from The Social Contract, a powerful treatise written by the 18th century French philosopher, Jean Jacques Rousseau, was an attack on the prevailing monarchical system in Europe. The book played an inspiring role in the French revolution while establishing individuals as a sovereign entity. Today, it is the same sovereignty of the individual which is under siege in democratic India. Currently, the political leadership is trying to contain individual freedom and intrude into the sovereign rights of the citizens in the name of nationalism and patriotism. The latest ruling of the Supreme ...

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The question remains, why was Yakub Memon hanged?

The Supreme Court is an institution of the state. An independent Supreme Court does not mean that judges would not be cognisant of the political implications of their decisions. As the products of the society they live in, it would be unrealistic to expect the judges to make decisions devoid of any political, religious, or social influences. The Judicial Commission in Pakistan must have factored in the political ramifications of their decision, and the Supreme Court of India must have factored in the political ramifications of their decision while deciding Yakub Memon was to be hanged. Memon was pronounced guilty on September 12h, 2006 for ...

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Indian Elections: I vote ‘None Of The Above’

As India inches towards the half-way mark at the parliamentary elections, political commentary aside, what caught my interest, as a former citizen, was the ‘None Of The Above’ (NOTA) option on the electronic voting ballot. Just the fact that one could register a no-vote is in itself fascinating, as it moves the arm chair critic from the couch and into the voting booth. On digging deeper, it seems that this concept of registering a no-vote goes back to a recent Indian Supreme Court ruling where the voter, in all his or her wisdom, must be given the right to register a NOTA vote ...

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Liberal India will not accept the SC verdict, we are not against LGBTs

Shehla Rashid cuts a lonely figure in the crowd of the gay, lesbian, bisexual and transgender (LGBT) community at Delhi’s protest street popularly known as Jantar Mantar. A student of sociology in a leading university in the capital and an activist fighting for the cause of women and minorities, Rashid has come to express solidarity with the gay community who are outraged over the judgement of the Supreme Court that has criminalised same sex alliance. The young student feels angry that the apex court has lost a historical opportunity to give the sexual minority their due rights under the constitution. “The judgement ...

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